Among his first official acts while in office, President Donald Trump issued an executive order titled “Regulatory Freeze Pending Review,” initiating a comprehensive halt on federal rulemaking activities across executive departments and agencies. This directive mandates a thorough review of all pending regulations, including those promulgated by the Federal Motor Carrier Safety Administration (FMCSA) and other agencies under the USDOT’s umbrella.
Regulatory freezes are not unprecedented. In fact, they have become a routine mechanism for new administrations, regardless of party affiliation, to take stock of federal rulemaking efforts and ensure that regulatory actions align with their policy goals. As such, this “Regulatory Freeze Pending Review” is emblematic of a broader tradition in U.S. governance.
Key Provisions of the Executive Order
The executive order outlines specific instructions for federal agencies:
Suspension of New Rule Proposals: Agencies are instructed not to propose or issue any new rules until they are reviewed and approved by department or agency heads appointed by the President after January 20, 2025. This review process may be delegated to other presidential appointees as permitted by law. The Director or Acting Director of the Office of Management and Budget (OMB) holds the authority to exempt rules deemed necessary to address emergencies or urgent situations, including those with statutory or judicial deadlines requiring prompt action.
Withdrawal of Unpublished Rules: Any rules that have been sent to the Office of the Federal Register (OFR) but not yet published are to be withdrawn for review and approval as specified in the first provision, subject to the same exceptions.
Postponement of Effective Dates: For rules already published or issued but not yet effective, agencies are directed to consider postponing their effective dates for 60 days from the date of the memorandum. This postponement allows for the review of factual, legal, and policy questions associated with the rules. During this period, agencies may open a comment period to gather input from interested parties and reevaluate pending petitions related to these rules. If further review is necessary, agencies may consider additional delays or propose further postponements beyond the initial 60-day period, in accordance with applicable law.
Further Actions Post-Review: After the 60-day postponement, if a rule is found to raise no substantial questions of fact, law, or policy, no further action is required. However, if substantial questions are identified, agencies are to consult with the OMB Director to determine appropriate further actions.
Compliance with Executive Orders: Agencies must comply with all applicable Executive Orders concerning regulatory management throughout this process.
Impact on FMCSA Rulemaking
As a federal agency, the FMCSA is directly affected by this regulatory freeze, leading to several immediate and potentially longer-term implications:
Delay in Implementation of Pending Regulations: Rules that are in the pipeline but not yet effective are subject to the 60-day postponement. As detailed in the executive order, this applies not just to final rules but also proposals. This delay provides an opportunity for the new administration to reassess these regulations in line with its policy objectives. Existing FMCSA rulemakings that could be impacted by the freeze include those relating to Automatic Emergency Braking (AEB), broker transparency, speed limiters, safety fitness determinations, and others.
Reevaluation of Existing Policies: The freeze allows the administration to scrutinize existing policies and regulations, particularly those implemented during the previous administration. This reevaluation may lead to modifications or rescindment of rules that do not align with the current administration’s priorities. Notably, President Trump has expressed intentions to revoke numerous executive actions from the prior administration, including those related to transportation and infrastructure.
Potential Slowdown in Regulatory Processes: The requirement for agency heads to review and approve new rules introduces an additional layer of oversight, which may slow down the rulemaking process. This slowdown could impact the timely implementation of regulations intended to address emerging issues within the transportation sector.
Focus on Deregulation: Historically, the Trump administration has emphasized reducing regulatory burdens. In his previous term, President Trump implemented a “two-for-one” rule, requiring the elimination of two regulations for every new one introduced. During his campaign, he pledged to eliminate even more regulations per new one introduced, indicating a continued focus on deregulation.
Conclusion
President Trump’s “Regulatory Freeze Pending Review” executive order has direct consequences for the FMCSA and other agencies under the USDOT umbrella. The trucking industry should closely monitor developments resulting from this directive, as changes in regulatory requirements can have profound impacts on operations, compliance strategies, and overall industry dynamics. Stay tuned for additional details as they emerge.
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